AN ORDINANCE AMENDING CHAPTER 191 (SPECIAL EVENTS), ORDINANCE CODE, TO DELETE 12 TICKET EVENTS AT METROPOLITAN PARK FROM THE ACTIVITIES SUBJECT TO PART 2 (ENTERTAINMENT DISTRICT), OF CHAPTER 191 (SPECIAL EVENTS), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 191 was amended by Ordinance 2005-453-E to establish an Entertainment District and to create a new Part 2 for special events and to establish activity periods for special events in the Entertainment District; and
WHEREAS, Ordinance 2005-453-E also waived provisions of Chapter 368, Noise Control, and Environmental Protection Board Rule 4, Noise Pollution Control, which would otherwise apply to fireworks and outdoor musical entertainment held during those enumerated special events located in the Entertainment District Activity Periods; and
WHEREAS, “12 Ticket Events in Metropolitan Park” was designated under Section 191.202(a)(8), Ordinance Code, as a special event in which the noise control provisions of Chapter 368 and Environmental Protection Board Rule 4, Noise Pollution Control, do not apply; and
WHEREAS, the situs of Metropolitan Park, immediately adjacent to the St. Johns River, creates an unique situation whereby the musical entertainment or other entertainment-based performances held at Metropolitan Park is audible not only to the surrounding areas of downtown, which is also located in the Entertainment District, but is directed and amplified to the opposite side of the St. Johns River, affecting residential neighborhood areas located in San Marco and St. Nicholas; and
WHEREAS, these residential neighborhoods bear an inordinate burden when the musical and entertainment-based performances occupy Metropolitan Park without reasonable restrictions on the time, manner and place of the noise created by these special events; and
WHEREAS, the lack of reasonable restrictions on the noise levels of special events at Metropolitan Park create an untenable situation for the residents of the residential neighborhoods of San Marco and St. Nicholas affected because of the extended and amplified noise conditions to which they have no ability to seek relief under the current provisions; now therefore
BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1. Chapter 191 (Special Events and Entertainment District), Part 2 (Entertainment District), Section 191.202, Ordinance Code, is hereby amended to read as follows:
CHAPTER 191. SPECIAL EVENTS AND ENTERTAINMENT DISTRICT.
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PART 2. ENTERTAINMENT DISTRICT.
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Sec. 191.202. Periods of Applicability.
(a) Section 191.201 above shall apply to uses, activities and signs during the following special events:
any other events the Council of the City deems special.
(b) The time periods shall run from 8:00 a.m. the day prior to the Event to 11:59 p.m. the day after the event. These time periods described herein above are designated as Entertainment District Activity Periods.
Section 2. Effective Date. This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor’s signature.
_____/s/ Paige Hobbs Johnston